Legal Aid - A New Dilemma for Defendants

2/7/2010

Recently there have been significant changes to the availability of Legal Aid at the Crown Court which mean that it will now be means tested.

Commenting on the changes, Peter Grogan, Head of Business Crime & Regulation at JMW said;

"Gone are the days of ‘free' Legal Aid at the Crown Court, at least to the majority of employed, home-owning defendants.  Whilst Legal Aid, in principle, remains available to defend a case at the Crown Court defendants will now have to demonstrate that they qualify through means testing. The court will take into consideration both their income and capital including both 'conventional' savings and the value of the equity in their home.   If eligible a defendant will be offered Legal Aid but will have to make monthly contributions and these payments can be significant. 

 As an example, recently Mr ‘A' faced a serious motoring charge at the Crown Court. He was employed in a professional role and his wife cared full-time for their two children. Mr ‘A' was required to make several four figure monthly payments amounting to several thousand pounds towards his Legal Aid costs.  But if found guilty and the case costs outstrip his contributions he could be ordered to pay any shortfall and even forced to sell his home to release sufficient capital.

 Faced with this scenario, not to mention the daunting application process which requires the provision of many financial documents, some defendants will need to consider whether they seek Legal Aid funding (and the associated  financial investigation) or whether they seek to instruct a specialist lawyer to undertake the case on the basis of an agreed, clear and transparent fee arrangement. It seems likely that many defendants will favour the latter, more flexible option."

Peter Grogan is recognised by Chambers 2010 Edition as a ‘Leading Individual' in Crime in the North West.

Ends

For more information:
Samantha Meakin
0161 828 1981
samantha.meakin@jmw.co.uk

Note to Editors
JMW Solicitors LLP is one of the leading Manchester law firms and offers a broad range of legal services to both commercial and private clients.  We are committed to providing legal services in a cost effective and timely manner.